The
computer forensics performs their legal duties
regarding digital discovery of the documents

By ADIL
WASEEM
Dec 06 - 12, 2004

There are numbers of impartial computer forensics
authorities in developed countries who provide all litigation function
at request of courts and their services can obtain for getting computer
evidence. Computer Forensics identifies, acquire, restore, and analyze
electronic data in litigation.

The computer forensics performs their legal duties
regarding digital discovery of the documents. When we look into the
legal history of these digital discovery authorities, their function as
certified authorities to all document produced in digital form developed
with advanced with electronic communication. The assistance of computer
forensics is employed by foreign courts for purpose of getting forensic
view about the e-data or electronic evidence.

The Computer Forensics authorities' employs various
tools for purpose of verification of documents, starting from identify,
acquire, restore, and analyze electronic documents for their admission
and production before court of laws. There verification of documents is
not limited to local disk data but even the remote server data is
verified. From authentication of record to local hard drive to remote
server, the certified forensic discovery authorities help in testifying
acquired from data from NT, Novell, UNIX, and Linux servers and PCs,
among others.

IDENTIFICATION:There procedure adopted by the
digital discovery authorities start from electronic discovery is
identification. The electronic discovery is the identification of likely
sources of relevant information comparing it with original electronic
document. The identification of computer document and its comparison
with original record through critical step to help ensure that data is
not overlooked and each aspect of date is properly maintained and there
is no tampering of database while its production before court of law.
There view about the electronic document are requested of disk or remote
documents and go on-site to inventory the data and look for hidden
sources of taxpayer for evasion of record. In many cases, they present a
written e-discovery report of web site and its links with database where
it has been hosted.

ACQUISITION:
The identification of electronic documents is only the first step for
proper identification of website link with data base. Once identified,
the second step that they have to follow to gather the relevant
information for authentication of the electronic evidence as to judge
the reliance of the evidence. They take care to collect relevant
information for coming to right conclusion regarding the authenticity of
e-documents. They take care to avoid tampering of record and to maintain
defensible chain-of-custody. There are three critical procedural phases
judging the reliance of the electronic evidence and its presentation
before the court of laws. Computer forensics employs uses forensically
tools, their written protocols and internal procedures ensure that their
work product with stands scrutiny in all jurisdictions where it is going
to be presented before the court.

RESTORATION:There are many hidden sources of
electronic evidence that can not be retrieved without seeking the
assistance of the authorities of foreign jurisdiction. Once information
regarding the evidence existed out state jurisdiction gathered, document
must have to follow the same procedure of as defined in acquire. Rather
it is foreign jurisdiction or not, important information is not
retrieved without tested forensic procedures and documentation. The
computer forensics helps courts to avoid any unnecessary production of
documents, while ensuring that potentially relevant documents are
presented, including encrypted, compressed, and password-protected
files, are presented before court properly.

SEARCHING:Another method is used is filtering
of electronic database received in electronic discovery. While
undergoing search of the electronic evidence, the computer forensics
uses a variety of methods, tools and appropriate search technique to
widows and other operating system for increasing reliability of
electronic document to the court of law. The electronic forensics
authorities are given number of powers in connect with assessing the
reliance of the electronic and figuring out the hidden sources of
evidence.

PRODUCTION:
The production and admission before the court of law is primary function
of these forensics authorities and the computer forensics produces legal
documents of data to court by their certification. They are granted
certification power by statute or they are working as independent
autonomous bodies being famous for their impartial reports, they are
often asked by court to give opinion about the electronic having agreed
by both parties to suit. They produce copies of the data selected for
review and offer recommendations and certification regarding the nature
of electronic database to be viewed, organizes data as evidence.

VERIFICATION

The computer forensics perform number of function,
one of them is offering detailed written certified reports and analyses
to courts to just adjudication of matter. As being declared as
"friend-of-the-court" by experts, they assists judges with the
interpretation electronic evidence being presented in court proceedings
and the testimony of other electronic discovery experts. The court often
needs the opinion of these experts regarding the building of the
electronic evidence and reliance. For getting appropriate and meeting
the reliance standard, although careful attention to detail in the early
stages of electronic discovery builds solid expert testimony. The real
aim of computer forensics to assist the court in reaching just
conclusion regarding production of data as evidence but in Pakistan we
have not yet legislated on role of computer forensics as expert role for
identification, production and its admission before the court of law.

Here need to encourage the computer forensics in
Pakistan for getting accurate information for digital evidence. Their
services can be obtained by contractual basis, or they can be
incorporated in taxing authorities as confirming them special inspection
power.

Currently no Computer Forensics Authorities are
running their business in Pakistan, reason may be, and no efforts are
made to provide legal framework for establishment of certification
authorities and to discuss the economic measures for their promotion.
The specific amendment should be made to incorporate, computer
forensics, proposed vigilance authority as part of the tax structure so
that the avoidance of the tax can be minimized.